How Long Can an Eviction Be Held Against You

Last Updated: October 18, 2021 past Elizabeth Souza

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Steps of the eviction process in Georgia:

Notice is posted to correct the issue/vacate.
If uncured and tenant remains, the complaint is filed and served.
Answer is filed.
Hearing is held and judgment issued.
If granted, writ of possession is posted.
Possession of holding is returned to landlord.

Timeline. Evicting a tenant in Georgia can take around one to 3 months, depending on the type of eviction and whether tenants file an answer. If an appeal is filed, the process volition take longer (read more than).

Questions? To conversation with a Georgia eviction attorney, Click hither

Introduction. Under Georgia law, a landlord may adios a tenant for several of reasons. Eviction lawsuits in Georgia are also called dispossessory proceedings. Beneath are the private steps of the eviction process in Georgia.

Step 1: Notice is Posted

The notice, also known every bit "notice to quit" begins the eviction process. This informs the tenant to either fix the problem (if there is an opportunity to practice so) or to permanently vacate the premises. The notice should incorporate the post-obit information:

The tenant'due south full proper name and accost of the rental unit.
The date the eviction notice was served to the renter.
The reason for the eviction notice.
The full amount of overdue hire.
The specific period amount of time the tenant must pay hire or eviction proceedings will embark.
A argument indicating how the eviction notice was served to the renter.

Grounds for Eviction

Landlords in Georgia can begin the eviction process for several reasons, including:

Nonpayment of Hire – Once rent is past due, landlords must provide either written or verbal notice that the tenant may be evicted.
Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written charter/rental understanding (including illegal action), the landlord must give the tenant oral or written notice that the tenant may exist evicted.
No Lease / Finish of Lease Term (Tenant at Volition) – If there is no lease or the term of the lease has ended, the landlord does non demand any additional reason to end the tenancy as long equally proper discover is given.

Retaliatory Evictions. Information technology is illegal for a landlord to evict a tenant for complaining to the landlord or to the advisable local or authorities agency regarding the property. Information technology is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or wedlock.
Evicting a Squatter. If the individual occupying the property did not accept the permission of the landlord when moving in, doesn't have a lease or verbal agreement, and has never paid rent, they may be considered "intruders" under Georgia law and landlords would follow the procedure to remove intruders instead of the eviction procedure below. (read more than).

Each possible ground for eviction has its own rules for how the procedure starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

Co-ordinate to Georgia law, rent is considered belatedly the day after it's due; grace periods (if whatsoever) are addressed in the lease or rental agreement.

Once rent is past due, the landlord must provide verbal or written find to the tenant prior to beginning an eviction action. Georgia police force doesn't specify how much time tenants must be given in the notice.

If the tenant does not pay the rent due past the terminate of the notice period and remains on the property, the landlord may proceed with the eviction procedure.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant tin be evicted in Georgia if they practise not uphold their responsibilities and obligations under the terms of a written lease or rental agreement.

Georgia landlords are not required to let tenants to right a lease violation in these instances, merely they must provide tenants with a written or verbal notice prior to get-go an eviction action.

Typical charter violations under this category include damaging the rental property, having too many people residing in the rental unit, and having a pet when there's a no-pet policy.

Note that illegal activity is included in this category, including prostitution in the rental unit and other criminal acts.

How much time tenants must be given in the find is not specified at the state level; however, if the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / Finish of Lease

In the state of Georgia, if tenants "holdover," or stay in the rental unit of measurement after the rental term has expired, and so the landlord must requite tenants find before evicting them. This tin can include tenants without a written charter and week-to-week and month-to-calendar month tenants.

Often this type of eviction applies to tenants who are at the cease of their charter and the landlord doesn't want to renew.

Regardless of the length or type of tenancy, landlords are required to give all "at-will" tenants at least 60 days' notice prior to get-go an eviction action.

If the tenant remains on the property subsequently the notice period expires, the landlord may proceed with the eviction process.

Stride 2: Complaint is Filed and Served

Equally the next step in the eviction procedure, Georgia landlords must file a dispossessory affidavit or warrant in the advisable court. In the state of Georgia, the filing fees range from $60-$75.

A guess, clerk, deputy clerk of the magistrate court may issue the summons and affidavit. These documents must be served on the tenant by the Sheriff or process server; prior to the hearing through 1 of the following methods:

Giving a copy to the tenant in person;
Leaving a copy at the tenant'southward residence with an adult who lives there; or
After reasonable effort, information technology may exist served by posting a copy in a conspicuous place on the rental unit AND mailing a copy via first class mail.

Tenants who are being evicted for nonpayment of rent volition accept seven days after the appointment they received the summons to pay all past-due hire in total in society to avoid eviction.

A few days to a few weeks. Georgia law doesn't state how quickly the summons must be served on the tenant in one case the affirmation is filed with the court.

Stride 3: Answer is Filed

Tenants in Georgia must respond to the summons and affidavit either in writing or verbally within 7 days of the appointment summons was issued. If a tenant gives a verbal response, information technology must be written down on a copy of the affidavit.

If the tenant does non respond to the affidavit, the court will outcome a default judgment in favor of the landlord, and the tenant volition non exist allowed to get to a court hearing.

If the tenant does answer the affidavit, the court will schedule a hearing and the tenant will be immune to explain why they feel they should not be evicted.

Vii days. Tenants have 7 days subsequently the date the summons is issued to file a written respond or give a verbal response to the affidavit.

Step four: Court Hearing and Judgment

Georgia police doesn't specify how before long an eviction hearing must exist held after an affidavit is filed with the court or after a tenant's response is received past the court. It will depend on how busy the trial court's hearing schedule is.

If the tenant does not announced for the hearing, or does not answer to the complaint, the court will event a default judgment in favor of the landlord and the tenant will be required to move out.

If the judicial officer rules in favor of the landlord at the eviction hearing, a writ of possession will be issued, and the eviction volition proceed.

Tenants have seven days to appeal the judgment in order to avoid eviction.

A few days to a few weeks, depending on the courtroom'due south schedule and whether the ruling is appealed.

Step v: Writ of Possession Is Issued

The writ of possession is the tenant'due south terminal detect to leave the rental unit of measurement and allows them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove them.

If the court has ruled in the landlord's favor, the landlord volition ask the courtroom to outcome a writ of possession. The writ will be issued vii days after the judgment in favor of the landlord.

If the tenant remains in the rental unit of measurement later the writ is issued, possession of the rental unit will be forcibly returned to the landlord.

Seven days. The writ of possession will be issued seven days after the judgment in favor of the landlord.

Stride half dozen: Possession of Belongings is Returned

Georgia law doesn't state how apace a sheriff or constable is required to act on a writ of possession in one case it has been received from the court. It could take officers a few days to a few weeks to remove the tenant depending on how many other evictions are already scheduled.

A Few Days to a Few Weeks. Depending on how rapidly law enforcement officers execute the writ.

Georgia Eviction Process Timeline

Beneath is a summary of the aspects outside of the landlord's control that dictate the amount of time it takes to evict a tenant in Georgia. With that being said, these estimates can vary profoundly, and some time periods may not include weekends or legal holidays.

Initial Find Period – 60 days for "at-volition" tenants; not specified for any other eviction types.
Issuance/Service of Summons and Complaint – A few days to a few weeks, depending on the service method.
Answer is Filed – Seven days later on the summons is issued.
Courtroom Hearing and Ruling on the Eviction – A few days to a few weeks; longer if an entreatment is filed.
Issuance of Writ of Possession – Seven days later on the judgment is issued in favor of the landlord.
Return of Possession – A few days to a few weeks, depending on how quickly the writ is executed.

Questions? To chat with a Georgia eviction attorney, Click here

Additional Information

Tenant'due south Defenses. A tenant may be eligible to recover damages including rent, actual damages, courtroom costs, and chaser's fees in the following situations:

The landlord shuts off any essential services such as electricity, water, etc.
The landlord changes the locks.
The landlord discriminates against the tenant based on religion, race, sexual orientation, inability, family status, gender, etc.
If a tenant gives notice to a landlord or regime agency asking for a necessary repair on the bounds and the landlord does not comply, this is considered a retaliation.
If the tenant joins a tenant system and the landlord files an eviction case within iii months of joining.

Flowchart of Georgia Eviction Process

For additional questions about the eviction process in Georgia, please refer to the official legislation, Georgia Lawmaking §44-7-7, §44-7-18, and §44-seven-50 to 44-7-55 for more data.

Sources

1 GA Code §44-7-50 (2020): (a) …such possessor may…demand the possession of the property…If the tenant refuses or fails to deliver possession when so demanded, the owner or the amanuensis…may immediately go before the guess…or the clerk or deputy clerk…or a magistrate…and make an affirmation under adjuration to the facts…
2 GA Code §44-7-vii (2020): Lx days' detect from the landlord or 30 days' notice from the tenant is necessary to cease a tenancy at volition.
3 GA Code §44-7-51 (2020): (a) …shall be personally served upon the defendant. If the sheriff is unable to serve the accused personally, service may be had by delivering the summons…to whatever person…residing on the premises or…past posting a copy…on the door of the bounds and, on the same day of such posting, by…mailing by start-grade mail a copy of the summons…to the defendant…
4 GA Lawmaking §44-7-52 (2020): (a)…in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, inside seven days of the day the tenant was served with the summons…all rents allegedly owed plus the cost of the dispossessory warrant…
5 GA Code §44-vii-51 (2020): (b) The summons…shall command and require the tenant to answer either orally or in writing within vii days from the date of the actual service…If the answer is oral, the substance thereof shall be endorsed on the dispossessory affirmation. The reply may incorporate any legal or equitable defence force or counterclaim…
6 GA Code §44-7-55 (2020): Any judgment by the trial court shall be appealable pursuant to Capacity 2, 3, 6, and 7 of Title v, provided that any such appeal shall be filed inside seven days of the engagement such judgment was entered and provided…
7 GA Code §44-7-55 (2020): (a) …The court shall issue a writ of possession, both of execution for the judgment corporeality and a writ to exist constructive at the expiration of 7 days later on the date such judgment was entered, except as otherwise provided in Code Section 44-7-56.
8 GA Code §44-7-18 (2020): (b) All leases and agreements letting, subletting, or renting any firm, place, building, tourist camp, or other structure for the purpose of prostitution or assignation shall be void.

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Source: https://ipropertymanagement.com/laws/georgia-eviction-process